The National Court will reconvene on Thursday to hand down its decision on the next step in the case between Belden Namah and the Leadership Tribunal that found him guilty of misconduct in office.
The Court today heard verbal submissions from parties involved in the case on “what further orders, declarations or other remedies to be granted.
Namah is also seeking a permanent stay of the allegations of misconduct in office as contained in the charges and statement of reasons dated 23rd November 2015 and presented to the Leadership Tribunal.
The Leadership Tribunal comprising of Justice Terence Higgins and Senior Magistrates Patricia Tivese and Alex Kalandi on April 9th 2018 found Mr Namah guilty and recommended for him to be dismissed from office.
The decision was stayed on July 5th 2018 following a National Court order, allowing a Judicial Review.
Namah’s lawyers put to the court that the tribunal failed to give him an opportunity to address the tribunal on penalties after he was found guilty of nine counts of misconduct in office.
Last week, the National Court ruled in Namah’s favour and convened today to hear submissions from lawyers on the appropriate remedies that ought to be granted.
While Namah’s lawyers want to quash in entirety the decision of the tribunal, State lawyers argued that Namah has already been found Guilty.
They recommended that, if a new Leadership Tribunal team is to be set up, it must only look into the penalties and not the entire case.
Namah’s lawyers have also asked the Court for an Injunction.
They believe this is also an appropriate remedy to prevent the Public Prosecutor from proceeding again under section 27 of the Organic Law.
They argued that, unless granted, there would be a possibility of a third attempt to prosecute him on his reference, which is inherently and manifestly unfair and a breach of natural justice.
The matter returns on Thursday, July 16th for the Court’s decision.
Meanwhile, Belden Namah is still suspended from performing his duties as the Member for Vanimo Green.
